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“It's… my belief that the publication of these photos would not add any additional benefit to our understanding of what was carried out in the past by a small number of individuals. In fact, the most direct consequence of releasing them, I believe, would be to further inflame anti-American opinion and to put our troops in greater danger,” the president said.

Critics immediately accused Obama of abandoning his pledge to run the most transparent administration in history. They also noted that the president’s remarks seemed to underscore the Bush Administration’s claim that abuse of prisoners was the fault of rogue operators rather than an expected consequence of signals top-level officials sent to get tough with detainees.

Obama’s reversal came after senior U.S. military officials weighed in and directly implored him to find a way to keep the photos under wraps.

In May, the Senate passed, without recorded objection, an amendment offered by Sens. Joseph Lieberman (I-Conn.) and Lindsey Graham (R-S.C.) that would allow the Secretary of Defense to block release of the photos for three years and to extend the secrecy for additional three year periods thereafter.

However, in June, liberal members of the House objected and managed to get the measure stripped from a supplemental wartime appropriations bill. The Senate agreed to drop the provision only after Obama spoke to senators by phone and assured them that he would do whatever he could to prevent the photos from being disclosed.

Obama left open the possibility that he might use an executive order to classify the photos in a last-ditch effort to prevent their release if the photo-secrecy legislation was not passed.

House members who want to keep the photos secret, led by Reps. Heath Shuler (D-N.C.) and Mike Conaway (R-Texas), have filed several bills similar to the Lieberman-Graham legislation.

One challenge the Justice Department faces in arguing the Supreme Court case is that the White House said explicitly earlier this year that the government’s legal case was extremely weak.

“The legal team here and at other agencies were very convinced [the case] was not winnable,” White House Press Secretary Robert Gibbs told reporters on April 20.

When Obama reversed course in May, Gibbs said Obama had looked at the legal issues in the case personally and concluded that there were compelling new arguments that Justice Department attorneys had never raised.

The appeals court which considered the case last year said the government’s arguments about the scope of the FOIA exemption for endangering an individual swept too broadly.

“It is plainly insufficient to claim that releasing documents could reasonably be expected to endanger some unspecified member of a group so vast as to encompass all United States troops, coalition forces, and civilians in Iraq and Afghanistan,” Judge John Gleeson wrote. He, and judges Peter Hall and Joseph McLaughlin, complained that the government was trying to use the exemption to set up “an alternative classification mechanism” separate from the one used to protect national security information.

"The appeals court soundly rejected all of the government's arguments for withholding the photos, and it's unfortunate that the government has chosen to contest that decision," Amrit Singh, an ACLU attorney, said in a statement e-mailed to reporters. "These photos would provide visual proof that prisoner abuse by U.S. personnel was not aberrational but widespread, reaching far beyond the walls of Abu Ghraib. As disturbing as the photos may be, it is critical that the American people know the full truth about the abuse that occurred in their name."

Readers' Comments (90)

Critics accusing Obama of abandoning his pledge to run the most transparent administration in history need to understand that Barack Obama did not really mean it. He just said it to look and sound good and to be elected. However, these critics also need to understand that some things ought to be held private.

Critics accusing Obama of abandoning his pledge to run the most transparent administration in history need to understand that Barack Obama did not really mean it. He just said it to look and sound good and to be elected. However, these critics also need to understand that some things ought to be held private.

Folks have to remember we are facing an enemy that beheads civilians on the internet to put notches in their handle. There is no need to incite any more of this. You libs that want to apologize for America's sins need to get a life rather than cause the loss of one.

Folks have to remember we are facing an enemy that beheads civilians on the internet to put notches in their handle. There is no need to incite any more of this. You libs that want to apologize for America's sins need to get a life rather than cause the loss of one.

Folks have to remember we are facing an enemy that beheads civilians on the internet to put notches in their handle. There is no need to incite any more of this. You libs that want to apologize for America's sins need to get a life rather than cause the loss of one.

To the guy who thinks our enemies are such non-humans who deserve what they get, I would ask you to take a look at this article.

It should turm your stomach. When added to the fact that it was admitted to (by an ex-Bush official, no less) that most Guantanamo prisoners are or were innocent [1] , it makes me sorry that these pictures are not being released. The information on what we've done (and what has been done in our name) exists but people aren't going to wake up unless we see exactly how bad what we did (and are hopefully are not still doing) in the travesty-that-never-should-have-been that is Iraq and Afghanistan. For all you defenders of this behaviour from our side, I wonder what you're doing here typing on your computers about patriotism, instead of signing up to go be part of the fun. Go ahead. The military needs people. Man up, Jack Bauer.

For those of you serving, thanks for putting up with the bloody mess we've put you in. Please come home safe and soon.

To the guy who thinks our enemies are such non-humans who deserve what they get, I would ask you to take a look at this article.

It should turm your stomach. When added to the fact that it was admitted to (by an ex-Bush official, no less) that most Guantanamo prisoners are or were innocent [1] , it makes me sorry that these pictures are not being released. The information on what we've done (and what has been done in our name) exists but people aren't going to wake up unless we see exactly how bad what we did (and are hopefully are not still doing) in the travesty-that-never-should-have-been that is Iraq and Afghanistan. For all you defenders of this behaviour from our side, I wonder what you're doing here typing on your computers about patriotism, instead of signing up to go be part of the fun. Go ahead. The military needs people. Man up, Jack Bauer.

For those of you serving, thanks for putting up with the bloody mess we've put you in. Please come home safe and soon.

I bet! obama would Love to let these photos out. he is such a snake and a liar.

He made the right call on this. Unlike you, there are conservatives out here that are willing to praise Pres Obama for making wise decisions. I've been very disappointed in some of his decisions, but this is one I agree with. He could have easily caved in to the Moveon & Code Stink types, but he didn't. Don't be blinded by so much hate:-)

However, these critics also need to understand that some things ought to be held private.

show them.. dickie cheney and g. dumpya bush were proud of what they did. show the photos... put it right out there and have those people who support torture see what it means.. SHOW THEM and then let people defend it....make it real

splenda2: Aug. 7, 2009 - 8:45 PM EST

I bet! obama would Love to let these photos out. he is such a snake and a liar.

“The President of the United States and the Nation’s highest-ranking military officers responsible for ongoing combat operations in Iraq and Afghanistan have determined that disclosure by the government of the photographs at issue in this case would pose a significant risk to the lives and physical safety of American military and civilian personnel by inciting violence targeting those personnel,” Solicitor General Elena Kagan wrote.

Baileythewonderhorse: Aug. 7, 2009 - 9:25 PM EST

show them.. dickie cheney and g. dumpya bush were proud of what they did. show the photos... put it right out there and have those people who support torture see what it means.. SHOW THEM and then let people defend it....make it real

Hey punk, what part of the above do you not comprehende? Do you have any family or friends serving abroad? We can surely address any wrongdoings that the Bush administration was involved in in a manner that doesn't compromise the safety of our folks that are serving in those hell holes.